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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 T elephcine: 970-945-8212 .... f ;;icsimile: 970-384-34 70 Submittal Date: ___ ._R_ft_(tE_· JV_E_D_J_U_N_i_· -~--=·=· -=--Base Fee: $400.00 Applicant: __ ~B~r=itt~o~n_W=hi=te~------------------------- Address of Applicant: 35 West Terrace Drive. Houston. TX 77001 Telephone: (713) 869-6569 Conditional Use Being Requested: Restoration and Habitat Enhancement of Pond Zone District: Residential Lot B-6. Aspen Glen P.U.D. Size of Property:_~l~.3~8=8~a=c~re=s ____ _ Application Requirements: These items must be submitted with the application -Please see attached Addendum. 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) You must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3. (on industrial type use applications sections 5.03.07 and 5.03.08 will be necessary to address). The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 45 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, to all owners of record as shown in the Assessor's Office of lots within 200' of the subject lot and to all owners of mineral interest in the subject property and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 30 but not more than 60 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the lime of public hearing. The information contained within this application is complete and correct, to the best of my knowledge: ""'"""'' ~ °''" ~ !'.,?Q122, *"Please submit 8 complete sets of application when submitting fo review. ' 2943094_2.DOC Addendum to Special Use Permit Application for Restoration of Pond at the Britton White Residence, 0397 Diamond A Ranch Road West Carbondale, Colorado (Residential Lot B-6, Aspen Glen P.U.D.) The Applicant seeks a Special Use Pennit in accordance with Sections 6.08.01 and 9 of the Garfield County Code. A special use pennit is required for uses conducted within the I 00- year flood plain. Item I. The Applicant proposes to restore and enhance a degraded pond located on Lot B-6 of the Aspen Glen Subdivision, SW 1/4 T7S, R 88 Win Garfield County, Colorado. (Figure I). The Applicant's pond is a water of the U.S., as defined by the U.S. Army Corps of Engineers (the "Corps"). The pond consists of6182.7 square feet (0.14 acres) of open water and has a depth ranging from I to 4 feet deep. The pond is fed by ground water and by a surface water diversion from the Roaring Fork River. The water level generally responds to the water surface elevation in the Roaring Fork River and the alluvial aquifer associated with it. Three small patches of wetlands, totaling less than 46 square feet, occur along the edge of the pond (Figure 2). Vegetation in these areas consists of reed canary grass (Phalaris arundinacea). Scattered mountain willow (Salix monticola) also occurs on the northern and eastern sides of the pond, although the understory is characterized by sparse weedy upland vegetation. Areas with willow were not mapped as wetlands unless wetland vegetation occurs in the understory. Soils in the area consist oflight brown cobbly sandy loam. There were no indicators of hydric soils examined on the banks of the pond. In the pond, there is evidence of anaerobic conditions such as iron staining and mottling. The open water habitat does not support wildlife or fisheries. The pond lies entirely within the I 00-year flood plain and less than I% within the I 00-year flood way. The Applicant proposes to excavate the pond to create habitat in which fish can thrive year-round. Rocks and logs would be placed in the pond to provide fisheries habitat. In addition, the Applicant proposes to reduce the slopes adjacent to the pond and revegetate with native riparian, wetland, and upland vegetation. The 519.7 square feet reduction in shallow (I foot deep) open water at the eastern end of the pond would be converted into wetlands. Approximately .011 acres (520 square feet) of wetlands would be created at the eastern end of the pond. This small wetland area will provide water quality functions, wildlife habitat, and will provide a food source for fish. The Applicant has requested that the Corps authorize the pond restoration and enhancement activities under Nationwide Pennit ("NWP") 27; the Applicant filed a Pre- Construction Notification for NWP 27 on May 15, 2002. NWP 27 applies to: "Activities in waters of the U.S. associated with the restoration offonner waters, the enhancement of regarded tidal and non-tidal wetlands and riparian areas, the creation of tideland non-tidal wetlands and riparian areas, and the restoration and enhancement of non-tidal streams and non-tidal open water areas .... " Figure 2 outlines construction details for the proposed project. Approximately 520 square feet of open water would be filled to reduce the surface area of the pond. The existing pond would be excavated to remove accumulated sediment, and to provide an average Addendum to Special Use Permit Britton White Residence, 0397 Diamond A Ranch Road West Carbondale, Colorado (Residential Lot B-6, Aspen Glen P.U.D.) pond depth of 6 to 8 feet. Based on drawings provided and on-site measurements, the existing water storage capacity of the pond is estimated to be 12,365 cubic feet (0.28 acre/feet). After removal of sediments, the storage capacity is estimated to be 36,810 cubic feet (0.85 acre/feet) Portions of the banks above the ordinary high water mark would be regraded to minimize erosion in the area and create more desirable wetland areas. Approximately 46 square feet of wetlands would be temporarily impacted by the proposed project, and would be replaced around the pond edges following pond excavation. Only the minimum area necessary would be disturbed during excavation and reconfiguration of the pond. All existing trees would be left in place. Sediments removed from the pond will be used, insofar as practical, on upland areas of the property. If the site cannot use all dredged material, some of the material may be removed from the property, with the prior approval of the County. Materials will not be disposed of in the flood way or the 100-year flood plain. The proposed enhancement and restoration would result in a net increase in the value of the open water habitat and wetlands. The banks of the pond, which currently support sparse, undesirable vegetation, would be revegetated with native wetland, riparian, and upland species. A list of plant species proposed for use in revegetation is included in Table I. Final seeding and planting schedules may vary depending upon species availability, although only native species would be seeded and planted on the project site. The proposed pond restoration activities will not alter or relocate any existing watercourse, thus notification of Colorado Water Conservation Board and Federal Emergency Management Agency is not required. The pond restoration activities occur on weekdays during daylight hours, between 7:00 a.m. to 5 :30 p.m. The duration of the construction period is estimated not to exceed 4-6 weeks. It is not anticipated that additional traffic will be created by this project except for move-in and move-out of equipment. There are no structures proposed to be constructed above ground within the flood plain or flood way as a result of the pond rehabilitation project. The restored pond will be used for recreation and preservation of wildlife habitat. Such uses of the restored pond are consistent with the Garfield County Code, the comprehensive plan and the decree governing the use of waters of the pond. The proposed use is consistent with existing and anticipated development since the project merely proposes to restore the pond to a healthy condition. The proposed activities will not endanger life, health, public safety or property in times of flood. The restoration project and the resulting restored pond will not obstruct flood flows to the potential damage of others or cause potentially damaging debris to be carried downstream. The inlet and outlet structures of the pond will not be altered in any manner which would permit damaging debris to be carried downstream during construction or operation. The project is designed to enhance the operation of the pond through removal of accumulated sediments, 2 Addendum to Special Use Permit Britton White Residence, 0397 Diamond A Ranch Road West Carbondale, Colorado (Residential Lot B-6, Aspen Glen P.U.D.) thereby enhancing the ability of the pond to contain waters from the Roaring Fork River and operate properly during flood events. Item 2. A small amount of water will be used for compaction purposes and for revegetation of the site. The source of water is the same as that existing forthe residence. No wastewater is anticipated to be generated and no runoff from the site is proposed or will be permitted. Item 3. Please see attached property map, Figure 3. No new or expanded access onto a County or State roadway is proposed. Item 4. Please see attached vicinity map, Figure 4. Item 5. Please.see attached County Assessor's map and list of names and addresses of adjacent property owners, Figure 5. Item 6. Please see attached copy of deed and legal description of property, Figure 6. Item 7. This application is not for industrial purposes and therefore does not require the submission of an impact statement. 3 Addendum to Special Use Permit Britton White Residence, 0397 Diamond A Ranch Road West Carbondale, Colorado (Residential Lot B-6, Aspen Glen P.U.D.) Table I. Plant materials proposed for revegetation/landscaping at Residential Lot B-6, Aspen Glen P.U.D. Scientific Name Common Name Plant/Seed TREES Populus deltoids Plains cottonwood p Picea pungens Blue spruce p SHRUBS Cornus sto/onifera Red osier dogwood p Salix monticola Mountain willow p GRASSES/SEDGES Beckmannia syzigachne American slough grass p• Calamagrostis canadensis Bluejoint reedgrass s Carex aquatilis Water sedge P* Carex nebrascensis Nebraska sedge P* Deschampsia caespitosa Tufted hairgrass s Juncus torreyi Torrey's rush P* Koe/eria pyrimidata Prairie j unegrass s Pascopyrum smithii Western wheatgrass s Poasecunda Sandberg bluegrass s Stipa viridu/a Green needlegrass s FORBS Aconitum co/umbianum Columbian monkshood p Aqui/egia coeru/ea Colorado blue columbine p Geranium richardsonii Richardson's geranium p Geum macrophy//um Large leaf avens p liatris punctata Dotted gayfeather p Penstemon strictus or rydbergii Penstemon p * 10 cubic inch plugs 2943048_1.DOC 4 VICINITY ~AP -BRITION WHITE RESlf ~CE TOPO ! map printed on 10/19/01 from "C olorado . tpo" and "White. tpg" 3 04ooom E. 3 06 ooom E. · WGS84 Zone 135 31 O ooom E. . z E ~-¥:.........!.;.J~:.z:l!.l~~~~~:--.;-:::::::,~~~I o 0 0 rl . z E 0 0 0 O'i \.D (Y) v . z E 0 0 0 " \.D (Y) v . z E 0 0 0 Lf) \.D (Y) v . z E 0 0 0 (Y) \.D (Y) v 303ooom E. 305ooom E. WGS84 Zone 135 3 loooom E. TN~MN oio· , , .oi5 , , , , 1jo, , i , 1 i5· , i ,2p1 , , .2i51 , , ,3PI , , .3i5 miles I I I I I i I I i I I I t I i I I I I j I I I I l I I j I I I I I f I I j I I I i I I i I 11 ~o 0 1 2 3 4 5 km Printed from TOPO! ©2000 National Geographic Ho~ (www .topo .com) FIGURE 3 " (Y) v . z E 0 0 0 O'i \.D (Y) v . z E 0 0 0 " \.D (Y) v . z E 0 0 0 Lf) \.D (Y) v . z E 0 0 0 (Y) \.D (Y) v ERO Resources Corp 1842 Clarkson Street. Denver, CO 80218 (303) 830-1188 Fax: 830 -1199 N I Inch= 2,000 Feet A P'.epored for: Britton White file: 1943 fig 1.cdr May 2002 I llllll lllll lllll/ II/Ill lllll ll/1111111111111111111 1111 S51!J810 08/20/1999 02:23P 81146 p447·ft ALSDORF I or S R 25.00 D 0.00 GllRFIELD COUNTY CO SPECIAL WARRANTY DEED THE STATE OF COLORADO § § COUNTY OF GARFIELD § IZ ~I g WHEREAS, by Deed dated November 29, 1996, Aspen Glen Golf Company ~ § i= conveyed the Property (as defined herein) to Britton White, Jr. and Sherry G. Odenthal; and !!! WHEREAS, Britton White, Jr. and Sherry G. Odenthal now desire to convey the ~,C> ii E g Property to Odenthal White L.P. NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS THAT, BRITTON WHITE, JR. and SHERRY G. ODENTHAL (hereinafter collectively referred to as "Grantor''), for and in consideration of the sum of Ten Dollars ($IO.OO) in hand paid to Grantor by ODENTHAL WHITE L.P., a Texas limited partnership (hereinafter referred to as "Grantee") whose mailing address is 35 West Terrace Drive, Houston, Texas 77007, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, ASSIGNED and CONVEYED and by these presents does GRANT, SELL, ASSIGN and CONVEY unto Grantee the real property situated in Garfield County, Colorado as more particularly described as: HOU03:16208J.J Lot B6, ASPEN GLEN FILING NO. I, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330, County of Garfield, State of Colorado, also known as street and number VACANT LAND. I llllll lllll llllll llllll lllll lllll lllll Ill lllll ll~111~I 550810 08/20/1999 02,23P 81148 P448 n A~SDORF 2 or 5 R 25.00 D 0.00 GARFIE~D COUNTY CD together with any and all improvements located thereon and all and singular any rights and appurtenances of Grantor pertaining thereto (said real property together with any and all of such related rights and appur1enances being herein collectively referred to as the "Property"). TO HA VE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever subject to the matters herein stated, and Granter does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Granter but not otherwise, provided that this conveyance and the warranty ofGrantor herein contained are subject to (a) the matters herein stated, (b) taxes for the year 1999, and subsequent years, and subject to easements, reservations, restrictions, covenants and rights of way of record, if any, and (c) any and all matters that a current true and correct survey of the Property would reveal, to the full extent same are valid and pertain to the Property. Notwithstanding anything herein to the contrary, Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND the Property together with all and singular the rights and appurtenances thereto unto Grantee (but not Grantee's successors and assigns) against every person whomsoever lawfully claiming or to claim the same or any part thereof; provided that this conveyance and the warranty of Grantor set forth in this paragraph are subject to (a) the matters herein stated, (b) taxes for the year 1999, and subsequent years, and subject to easements, reservations, restrictions, covenants and rights of way of record, if any, and (c) any and all matters that a current true and correct stll'Vey of the Property would reveal, to the full extent same are valid and pertain to the Property. HOUOJ:l6201l.1 -2- I llllll lllll llllll llllll lllll lllll lllll Ill lllb 1111 llll SS0810 08/20/1999 02•23P 81146 P449 ft ALSDORF 3 of S R 2S.00 D 0.00 GARFIELD COUNTY CO Notwithstanding any provision herein to the contrary, Gran tor makes no warranties of any nature or kind, whether statutory, express or implied, with respect to the physical condition of the Property, and Grantee by its acceptance of this Deed accepts the physical condition of the Property "AS IS, WITH ALL FAULTS". HOU03:!62083.1 -3- 1111111111111111111111111111111111111111111111111111111 550810 08/20/1999 02:23P 81146 P4!0 " RLSDORF 4 of ! R 2!.00 D 0.00 GARFIELD COUNTY CO EXECUTED on the date of the acknowledgments set forth below but to be effective asofthe_:4__dayof June:.. , 1999. GRANTOR: /14--/1/k . ~RITTON WHITE, JR. tfl SHERRY(j}()DENTHAL HOU0l:l62083.I -4- 111111111111111111111111111111111111111111111~ 1111 '1111 550810 08/20/1998 02•23P 91145 P4!1 n ALSDORF o of 5 R 25.00 D 0.00 GARFIELD COUNTY CO THE STATE OF TEXAS COUNTY OF /tAee1s § § § This instrument was acknowledged b~ this A_ d.ay of 1999byBRIITONWHITE,JR · ~ m PEGGY HOOPER ' ~"f!i:ftvJO.f.) NOTARY PUBLIC Notafy lie in andjor • Stale al Texao the State of Texas ;!Ji°',~ eomn. exp. 11-1~2001 dun~ My commission expires: 11-J 'I -2oo I THE STATE OF TEXAS COUNTY OF 1-\Ae:u § § § This instrument was acknowledged before me this _d__ day of_..,J.,,u"'n"e"'"-- 1999 by SHERRY G. ODENTHAL. the State of Texas My commission expires: 11-1q -Zoo! HOUOJ: 162083.J -5- LOTE-46 Cynthia D. & Rick A Kushner 17404 W 53'd Drive Golden, CO 80403 LOTE-47 Wells Fargo Bank West, NA NOTIFICATION LIST Trustee for Richard A Kirk, IRA rollover 1740 Broadway C7300-494 Denver, CO 80274 LOTE-48 Ryder Land & Grazing Company 1601E19th Ave. Ste 3100 Denver, CO 80218-1239 LOTB-4 Larry A & Deborah Lee Bums 2453 Wilcox Norman, OK 73069 LOTB-5 Hodge Capital Company 250 Camino Alto Ste 110 Mill Valley, CA 94941-1400 LOTB-7 Joseph M Buchanan 0022 Pheasant Circle Carbondale, CO 81623 LOTB-8 David Lambert & Lynne Symons PO Box 1191 Basalt, CO 81621-1191 --2393~2 ~ T.7S.-R.8e'N,- " • " R~CEIVED SEP 12 2002 GARFIELD COUNTY BU IL. ··11<:: .:' ._ .. ''"-!!NG Beach Environmental , LLC 715 W. M~in Suite 304 A5pen. CO 81611 Te l (970) 92.5-3475 f ,tx 9z5.4754 Tamara Pregl, Senior Planner Garfield County Building and Planning Department 109 81h Street, Suite 303 Glenwood Springs, Colorado 81601 September 10, 2002 Re: Odenthal White L.P. -Special Use Permit Dear Tamara: Beach Environmental, LLC has provided Odenthal White, L.P. with water engineering advice and consultation . This letter will confirm that the information provided by this firm, which has been included within the Odenthal White application is true and correct to the best of our knowledge and understanding. If you have any questions, please give me a call. Sincerely, , CEI, RWS 029 1 pregl advisemt.wpd f 2393-20 T.7S.-R.&aw.-sec. 20 l I I ! ' I ---- ) ) -. ---2393_~}~ T.7S.-R.MW. ~t:... EDGE OF PONO j ~0--~~- (approx . 5,663 h--;-y ' f:' ,j ' .l I / . / /. / .. /···· / / / / / / / / ;f- \ . I \ I ' \ \ I \ \ I I / / / \ I \ I \ I \ \ \ I \ \ \ \ ' North Scale : 1" = 300' Figure 2 White Property Pond Restoration Produced for: Holland & Hart May2002 ~ W etland Creation Area -Existing Wetl a nd Ve getation ERO ERO Resource s Corp. 1842 Clorkson Street Denver, CO 80218 (303) 830 -1188 Fox : 830-1199